Benjamin Kane, center, is surrounded by supporters as he walks into District Judge Katherine McGill’s courtroom, Springfield Township, for his preliminary hearing Jan. 23, 2013. Kane is charged with vehicular homicide in the death of a PennDot worker on Interstate 276 in Plymouth last October. Photo by Gene Walsh/Times Herald Staff.

SPRINGFIELD — Charges of vehicular homicide are being held against a West Conshohocken man in the death of a Pa. Turnpike worker in October, a judge ruled Wednesday.

A preliminary hearing was scheduled for Benjamin Joseph Kane, 34, who is accused of crashing his truck into an active work zone, killing 66-year-old Michael SanFelice of West Norriton, who was working at the time of the accident.

The hearing before District Judge Katherine E. McGill in Oreland was waived as both the prosecution and the defense stipulated to the charges of homicide by vehicle, aggravated assault by vehicle and related offenses.

Kane, of the 400 block of Ford Street, West Conshohocken, appeared somber in court, nodding to the judge that he understood his rights. He was joined by several family members.

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According to the affidavit of probable cause, Kane was operating a double-axle truck for his private business, Great Valley Moving and Storage, around 8:30 a.m. on Oct. 22, 2012, when he slid onto the shoulder of eastbound Interstate 276 in Plymouth.

The truck crashed into the work zone and struck SanFelice, pinning him against the guardrail and sending his PennDOT helmet flying 16 feet in the air, according to the affidavit. SanFelice was removing road debris on the berm of the turnpike at the time of the accident.

“He’s broken up about the impact on the other people and the man who was lost,” said Kane’s attorney, Steve Fairlie, who added that Kane is the father of two young daughters.

“If he goes to jail, that will be a tough thing on them. They haven’t done anything wrong,” said Fairlie. “(Kane’s) got a young wife and a family he needs to provide for. He’s a small business owner. It’s a new business. It’s a struggling business, and he stands to lose that, while fighting to keep it going. He’s got a very uncertain future. At worst, this is a case of negligence. If he could undo this, he’d given anything to undo the result.”

A passenger in Kane’s truck was also injured in the crash — a friend and co-worker, according to Fairlie. The man’s leg had to be amputated at the Hospital at the University of Pennsylvania, he said.

According to the affidavit, Kane was operating the truck under a suspended driver’s license, although he was able to restore his driving privileges just two days after the accident. Toxicology tests came up negative for drugs or alcohol in Kane’s system at the time of the crash, and a post-crash inspection found there were no mechanical problems or conditions that could have contributed to it.

Prosecutors may try to argue that Kane was text messaging when he veered off the road, but Assistant District Attorney Jesse King said a combination of factors could raise his actions to the level of gross negligence.

“It was so apparently a work zone and the vehicle that was struck was clearly displaying lights, flashers and well off of the road, to the point where there had to be something else,” said King. “There really is no excuse for (Kane) not to see it. But, we’re still waiting on the finalized police report.”

A formal arraignment is next on the agenda for this case, to be scheduled sometime in March.